71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2671
 
Sponsored by Representative HILL; Representatives BACKLUND,
  BARNHART, BUTLER, KRUMMEL, KRUSE, LEE, MORRISETTE, C WALKER (at
  the request of Oregon State Pharmacists Association, Statewide
  Pharmacy Coalition, Oregon Society of Health System
  Pharmacists)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to pharmacy technician ratio rules; amending ORS
  689.225.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 689.225 is amended to read:
  689.225. (1) It shall be unlawful for any person to engage in
the practice of pharmacy unless licensed to so practice under the
provisions of this chapter. Nothing in this section prevents
physicians, dentists, veterinarians, osteopaths or other
practitioners of the healing arts who are licensed under the laws
of this state from dispensing and administering prescription
drugs to their patients in the practice of their respective
professions where specifically authorized to do so by law of this
state.
  (2) It shall be unlawful for any person, not legally licensed
as a pharmacist, to take, use or exhibit the title of pharmacist
or the title of druggist or apothecary, or any other title or
description of like import.
  (3) In the practice of pharmacy, a pharmacist is licensed to
practice as defined in ORS 689.015, but is not authorized to
possess personally or to store drugs other than in a licensed
pharmacy except for those drugs legally prescribed for the
personal use of the pharmacist. An employee, agent or owner of
any registered manufacturer, wholesaler or pharmacy may lawfully
possess legend drugs if the person is acting in the usual course
of the business or employment of the person.
  (4) The State Board of Pharmacy shall adopt rules relating to
the use of pharmacy technicians working under the supervision,
direction and control of a licensed pharmacist. For retail and
institutional drug outlets, the board shall adopt rules which
include requirements for training, including provisions for
appropriate on-the-job training, guidelines for adequate
supervision, standards and appropriate ratios for the use of
pharmacy technicians. Improper use of pharmacy technicians shall
be subject to the reporting requirements of ORS 689.455.
    { - (5) Rules adopted pursuant to subsection (4) of this
section shall provide that, in a retail drug outlet, no more than
two pharmacy technicians may work under the supervision,
direction and control of a licensed pharmacist. If a retail drug
 
 
Enrolled House Bill 2671 (HB 2671-INTRO)                   Page 1
 
 
 
outlet desires more than two pharmacy technicians to work under
the supervision, direction and control of a licensed pharmacist,
the outlet shall submit a pharmacy services plan to the board for
approval. The pharmacy services plan submitted pursuant to this
subsection shall demonstrate how the plan facilitates the
provision of pharmaceutical care and shall include but not be
limited to the following: - }
    { - (a) Retail drug outlet design and equipment; - }
    { - (b) Retail drug outlet information systems; - }
    { - (c) Workflow at the retail drug outlet; and - }
    { - (d) Quality assurance procedures implemented by the
retail drug outlet. - }
    { - (6) - }   { + (5) + } The mixing of intravenous
admixtures by pharmacy technicians working under the supervision,
direction and control of a licensed pharmacist is authorized and
does not constitute the practice of pharmacy by the pharmacy
technicians.
    { - (7) - }   { + (6) + } Any person who is found to have
unlawfully engaged in the practice of pharmacy is guilty of a
Class A misdemeanor.
                         ----------
 
 
Passed by House April 3, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 7, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2671 (HB 2671-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2671 (HB 2671-INTRO)                   Page 3